19-53 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 19-53
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ABANDONING AND VACATING CERTAIN PRESCRIPTIVE RIGHT-
OF-WAY (HARPER ROAD) AS REFLECTED ON THE ABSTRACT MAP FOR
THE L. NETHERLY SURVEY, ABSTRACT NO. 962; MAKING FINDINGS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a duly organized political subdivision
and home -rule municipality of the State of Texas; and
WHEREAS, the Town may have obtained certain prescriptive right-of-way along a street
(indicated as Harper Road) located east of Teel Parkway and north of Fishtrap Road as shown
on the Abstract Map for the L. Netherly Survey, Abstract No. 962, a copy of which Abstract Map
is attached hereto as Exhibit A and is incorporated by reference; and
WHEREAS, the Map reflects an approximately 30-foot (30') wide prescriptive right-of-way
(or street) as described above. and the property upon which the right-of-way (or street) is located
has never been dedicated or otherwise conveyed to the Town; and
WHEREAS, since the prescriptive right-of-way (or street) is no longer utilized as such, the
Town has determined that the 30' prescriptive right-of-way (or street) should be abandoned and
vacated, and that any and all rights that the Town may have in the prescriptive right-of-way (or
street) should be released to the adjacent property owner, which abandonment and vacation the
Town Council has determined is in furtherance of the public health, safety and welfare of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, the Town's prescriptive right-of-way
(or street) and any and all rights and interests that the Town may have in such right-of-way (or
street), as set forth in the attached Exhibit A. are hereby abandoned and vacated by the Town,
and the Town hereby disclaims any interest in the right-of-way (or street).
SECTION 3
All ordinances, orders or resolutions heretofore passed and adopted by the Town Council
are hereby repealed to the extent that said ordinances, resolutions, or parts thereof, are in conflict
herewith.
SECTION 4
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses,
phrases and provisions of this Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5
Effective Date. This Ordinance shall become effective from and after its adoption and
publication, as required by law.
`,I111101
DULY PAS S AP ED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PR , T'EXAS, THIS 23RD DAY OF JULY, 2019.
•• Ray Smith, Mayor
ATT T: 191Q '•
n 4ftle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
1
Ordinance No. 19-53, Page 2
EXHIBIT A
AB5T 9G2(N« PA•)
L. NETHERLY SUR.
Atn41 /1 S, 14-S t )4•6
40d'
/ / 5•e so.�4 ?•+��\
Harper Road to be abandoned.
Ordinance No. 19-53, Page 3